WVC 17 - 23 - 4
§17-23-4. Areas where establishment prohibited; screening
requirements; existing licensed yards; approval
permit required; issuance; county planning
commission criteria satisfied; fee.
On and after the effective date of this article: (1) No
license shall be issued to establish a salvage yard or any part
thereof within one thousand feet of the nearest edge of the
right-of-way of any road within the state road system designated
and classified or redesignated and reclassified as expressway,
trunkline or feeder, or any road within the state road system
designated and classified or redesignated and reclassified for
purposes of allocation of federal highway funds as part of the
federal-aid interstate or primary systems: Provided, That this
limitation shall not apply to landfills established and maintained
by the state or any county or municipality if such landfill is
effectively screened and obscured by natural objects, plantings,
fences or other appropriate means so as not to be visible from the
main traveled way of the system; and (2) no license shall be issued
to establish a salvage yard or any part thereof within five hundred
feet of the nearest edge of the right-of-way of any state local
service road, unless the view thereof from such state local service
road shall be effectively screened and obscured by fences:
Provided, however, That this limitation shall not apply to
landfills established and maintained by the state or any county or
municipality if such landfill is effectively screened and obscuredby natural objects, plantings, fences or other appropriate means so
as not to be visible from the main traveled way of the system; and
(3) no license may be issued allowing a salvage yard within one
thousand feet of the nearest occupied private residence, unless
waived by the owner of such residence, or within five thousand feet
of the nearest occupied private residence which is part of a
residential community. The provisions of this paragraph, as
amended, shall apply only to salvage yards licensed after the first
day of April, one thousand nine hundred eighty-eight.

The license of any salvage yard duly issued under the former
provisions of this article, which salvage yard or any part thereof
on the effective date of this article, is: (1) Within one thousand
feet of the nearest edge of the right-of-way of any road within the
state road system designated and classified or redesignated and
reclassified as expressway, trunkline or feeder, or any road within
the state road system designated and classified or redesignated and
reclassified for purposes of allocation of federal highway funds as
part of the federal-aid interstate or primary systems; or is (2)
within five hundred feet of the nearest edge of the right-of-way of
any state local service road; or is (3) within one thousand feet of
the nearest occupied private residence or within five thousand feet
of the nearest occupied private residence which is part of a
residential community, may be renewed only if the view of the said
salvage yard and all parts thereof are effectively screened from
the adjacent road by natural objects, plantings, fences or otherappropriate means or a waiver is obtained from the owner of an
occupied private residence. The provisions of this paragraph, as
amended, shall apply only to salvage yards licensed after the first
day of April, one thousand nine hundred eighty-eight.

Any salvage yard which, on the effective date of this article,
is duly licensed under the former provisions of this article may be
established or continue to be operated and maintained without
screening by natural objects, plantings, fences or other
appropriate means so long as any part of such salvage yard is: (1)
Not located within one thousand feet of any road within the state
road system designated and classified or redesignated and
reclassified as expressway, trunkline or feeder, or any road within
the state road system designated and classified or redesignated and
reclassified for the purposes of allocation of federal highway
funds as part of the federal-aid interstate or primary systems; or
is (2) not located within five hundred feet of the nearest edge of
the right-of-way of any state local service road; or is (3) not
located within one thousand feet of the nearest residence or within
five thousand feet of the nearest occupied private residence which
is part of a residential community. Notwithstanding any other
provision of this section to the contrary, ownership of a salvage
yard duly licensed under the former provisions of this article and
continuously maintained and licensed since the first day of July,
one thousand nine hundred eighty-eight, may be sold or otherwise
transferred, and the salvage yard shall be eligible for relicensureand may continue to be operated under the same legal requirements
that would have been applicable had the change in ownership not
occurred.

On or after the first day of July, one thousand nine hundred
eighty-four, any owner or operator establishing, operating or
maintaining a salvage yard for which a license is required under
the provisions of this article is hereby required to first obtain
an approval permit from the county planning commission, or if the
county does not have a county planning commission, from an
appropriate office or agency designated by the county commission,
in which the salvage yard is located. The county planning
commission or designated agency or office shall promulgate such
reasonable rules including, but not limited to, determining the
effect of the proposed salvage yard on residential, business or
commercial property investment and values, establishing a quota for
the number of salvage yards in the county, and the social, economic
and environmental impact on community growth and development in
utilities, health, education, recreation, safety, welfare and
convenience, if any, before issuing such approval permit. These
rules shall conform to guidelines established in rules promulgated
by the commissioner. The fee for the approval permit shall be
twenty-five dollars, payable upon the filing of the application on
forms to be designated and approved by the county planning
commission or designated office or agency.

Upon the granting of an approval permit by the county planningcommission, the owner or operator shall then apply to the
commissioner for a license to operate. The commissioner may issue
a license to the applicant, but only after an approval permit has
issued in the first instance and the location of the salvage yard
is in compliance with the location requirements of section four of
this article. The approval permit requirement of this section does
not apply to any owner or operator who has established, or is
operating or maintaining, a salvage yard prior to the first day of
July, one thousand nine hundred eighty-four.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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